Best Option for a Complicated Situation?

[Naey 7]

Hi there, 

 

Total newbie here! I've been lurking the past few days and reading up on the guides here as well as elsewhere on the internet. My situation is a little complicated and I'm looking for advice on the best path forward for my boyfriend and myself.

 

A bit of a background on us: We met over two years ago when I was living in Cologne, Germany. I was teaching English and attending a Master's program I wasn't entirely happy with, so I switched to a program in Amsterdam, where I'm currently based. My boyfriend, however, stayed in Cologne for work and we have seen each other regularly ever since given the trip is only three hours by train. I'm slated to finish my Master's in a couple months and applied for Ph.D. programs stateside back in the fall then, after realizing he was the one, proposed to my boyfriend in January.

 I found out three days ago that I was accepted into a program in Milwaukee and am planning to head there and start the program sometime in August. We had done some preliminary research into visa options for him back in January when I proposed, but given the volatility of the Ph.D. application process, we weren't even sure going back to the States was an option for us so didn't give it a ton of thought.

We had initially thought we'd hold a ceremonial wedding in Germany in July and then fly over to the States to get married in August when we both (in a total utopia world) were going to move together to Milwaukee from my hometown near D.C. Little did we know the processing times on visas are much longer for the US than anything here in Europe.

Obviously our plan doesn't quite pan out but here's my question: What's the best route for us to be together the soonest? Is a K1 still advisable when we're both rather young (mid 20's) and not making a ton of money to pay for the AOS? Is there any way I could convince the embassy here in Amsterdam to apply for a DCF if we were to get married immediately given my "job" situation as a beginning Ph.D. student? I know the German office is taking DCF's, and I used to be a resident there, but have now been in Amsterdam for a year and a half. Is a K1 still the quickest route? Would he be able to work relatively quickly once we got married and sent in the AOS or are the processing times still roughly 3 months?

 

So, tl;dr: I'm a USC in Amsterdam, The Netherlands. My fiance is a German living in Cologne. I'll be moving back to my parents' (one of whom will be my fiance's joint sponsor) place in VA before moving to Milwaukee in late August/early September. What's the best option for us to be together soon in a relatively affordable manner? We're both young and not made of money and I'll be starting a Ph.D. in Milwaukee that I was notified of just a few days ago.

 

Thanks in advance! 

 

PS - I don't think this is important, but if it isn't clear, we're a same sex couple. I know this doesn't change the process given marriage equality stateside, but it might be relevant to know that we can't get married in Germany, only in the Netherlands. In Germany it's just an "eingetragene Partnerschaft" which is not recognized by the US as a marriage.

[Jojo92122 1,924]

Sorry, there is nothing quick or relatively affordable with US immigration.  It will take time where you and your fiancé will be separated and it will cost money.

 

You can not do a DCF since the two of you do not live in the same country. 

 

A K-1 will take 6-12 months.  It still takes about 90 days after filing for AOS to get work authorization.  If you don't file for AOS, then your spouse will be living in the US illegally with no legal way to work.  Beg or borrow the money to file.

 

If you marry and pursue a spousal visa, it's about a year.  Your spouse would immediately be able to work upon entering the US.

[Ben&Zian 4,397]

K-1 most likely is your "quickest" route; but then the AOS and all, so still be a time gap with entering the US and being able to work.

 

If the separation won't affect you, then financially perhaps the CR-1(spousal) visa is better for you both. Like above could take 10-12 months

[geowrian 22,335]

Agree with the above, albeit K-1s are closer to 6-8 months currently.

 

As noted, DCF isn't available for your circumstances. EADs are currently taking roughly 90-120 days after filing for AOS. While it may mean being apart a couple more months, getting married and doing the the CR-1 visa might be better for you given the costs and desire to work quickly after entry into the US. The marriage can be done anywhere where you can get legally married.

[Lemonslice 4,555]

How important is it for your fiancé to be able to travel, drive, work or study?  K1 might be faster, but there are some restrictions on what you can do until you receive your EAD and advance parole.

[Naey 7]

23 minutes ago, Lemonslice said:

How important is it for your fiancé to be able to travel, drive, work or study?  K1 might be faster, but there are some restrictions on what you can do until you receive your EAD and advance parole.

It's not the most important. I'm happy to take on extra work and am confident I could come by it. He's willing to go without leaving the country for a while as well. 

 

Ideally he'd like to work quickly, but that's not the most major concern. With regards to the K1, my question was more about financial viability than anything else. If I understand correctly. For the K1 it's $535+~$1000+~$400 along with any costs for travel and medical exams, etc... For the IR1/CR1 it's just ~$400? Or have I misunderstood?

 

Thanks for all of the answers. It's a shame that a DCF isn't an option. I had read that couples filing abroad were (way back in 2007?) receiving auto expedited service at USCIS. I'm assuming that's no longer the case or is that still happening? 

 

To throw another question out: If we do go for the spouse visa, would he be allowed to join me in August/September to help me move and get settled into Milwaukee or is there some reason he wouldn't be allowed in as a tourist? He'd need to prove he intends to leave the country again, correct?

 

One final follow-up: What's the general amount of time between sending in the I-130 and the interview? I'm a newbie and not entirely sure where or how I can best find that info... is that the 10-12 months?

[geowrian 22,335]

2 minutes ago, Naey said:

It's not the most important. I'm happy to take on extra work and am confident I could come by it. He's willing to go without leaving the country for a while as well. 

 

Ideally he'd like to work quickly, but that's not the most major concern. With regards to the K1, my question was more about financial viability than anything else. If I understand correctly. For the K1 it's $535+~$1000+~$400 along with any costs for travel and medical exams, etc... For the IR1/CR1 it's just ~$400? Or have I misunderstood?

 

Thanks for all of the answers. It's a shame that a DCF isn't an option. I had read that couples filing abroad were (way back in 2007?) receiving auto expedited service at USCIS. I'm assuming that's no longer the case or is that still happening? 

 

To throw another question out: If we do go for the spouse visa, would he be allowed to join me in August/September to help me move and get settled into Milwaukee or is there some reason he wouldn't be allowed in as a tourist? He'd need to prove he intends to leave the country again, correct?

 

One final follow-up: What's the general amount of time between sending in the I-130 and the interview? I'm a newbie and not entirely sure where or how I can best find that info... is that the 10-12 months?

You have misunderstood. A CR-1 would run about $535 + $85 for the biometrics. Then another $220 for the green card after entry. Plus the DS-260 fees, medical exam, vaccinations, etc.

 

DCF is much faster, but generally requires living in the country for at least the past 6 months.

 

Yes, he may visit on a tourist visa while the I-130 is pending. Just note that he may face increased scrutiny as he must show ties to return home and having a pending immigrant visa process and husband in the US is a tie to stay in the US. I wouldn't let that deter you from trying, but be sure to gather and submit proof of ties to return home.

 

From filing to interview is about 10-12 months, albeit I am seeing up to 14 months becoming more common currently.

[GreatDane 366]

It all comes down to what you're able/willing to do.

 

K1 visa will get you two together quicker, but costs more and involves more time where he/she cannot work. A CR1 visa will make it so you're apart much longer but he/she will be able to work in Germany and save up in the meantime. Either way, you're paying for medicals, interviews, etc on top of that. It really adds up. For me, it came down to being apart for longer periods of time. I supported both of us for the first few months when I was getting my MBA and it worked out. We didn't have tons of money, but we were happy because we were together. 

 

The whole process is exhausting, stressful, and expensive. No matter which was you go, it's difficult. You won't be able to plan a wedding in advance because if the processing takes longer, you/your guests will be out money. Whatever you do, do not try to have a wedding party for this summer (even non-legal) and file a K1. You will be in the awkward grey area where your case will be rejected for being too married and not technically married enough for a CR1. 

 

If you applied now for a K1 or CR1, he could still visit you to help you move, but the proof needed to show he will go back will be much stronger than normally required. It shouldn't be a 'no', but he will need proof of a job, mortgage/rent, etc. 

Edited April 5, 2017 by GreatDane

[Naey 7]

29 minutes ago, geowrian said:

You have misunderstood. A CR-1 would run about $535 + $85 for the biometrics. Then another $220 for the green card after entry. Plus the DS-260 fees, medical exam, vaccinations, etc.

 

DCF is much faster, but generally requires living in the country for at least the past 6 months.

 

Yes, he may visit on a tourist visa while the I-130 is pending. Just note that he may face increased scrutiny as he must show ties to return home and having a pending immigrant visa process and husband in the US is a tie to stay in the US. I wouldn't let that deter you from trying, but be sure to gather and submit proof of ties to return home.

 

From filing to interview is about 10-12 months, albeit I am seeing up to 14 months becoming more common currently.

Right. Definitely misunderstood then! Thanks for clearing that up.

 

So just to seal the DCF topic, even if I could somehow convince the consulate/embassy here to accept the case as exceptional circumstances, it doesn't matter since we live in separate countries, correct?

 

Thanks for following up! 14 months is a daunting amount of time compared to the K1 timeline. I'd gladly take a second job over waiting a year and two months to be reunited.

 

And for the K1, is that 5-8 months timeline also for the interview? 

[geowrian 22,335]

1 minute ago, Naey said:

Right. Definitely misunderstood then! Thanks for clearing that up.

 

So just to seal the DCF topic, even if I could somehow convince the consulate/embassy here to accept the case as exceptional circumstances, it doesn't matter since we live in separate countries, correct?

 

Thanks for following up! 14 months is a daunting amount of time compared to the K1 timeline. I'd gladly take a second job over waiting a year and two months to be reunited.

 

And for the K1, is that 5-8 months timeline also for the interview? 

No problem. CR-1 is still decently cheaper.

 

Exceptional circumstance provisions do exist at many embassies, but I'm highly doubtful that those conditions would be met. What is the compelling reason to need to do DCF? Nothing you've stated so far would even come close to meeting expedite criteria, and exceptional circumstances for DCF is usually even more strict.

 

True...nothing in immigration is ever fast. Your patience will be tested many times.

 

6-8 months* Some people have had 5 months, but that's an exception. The I-129F alone is taking 3-4 months on average right now. But yes, that's from I-129F filing to K-1 visa interview.

[f f 725]

either way you go file the paperwork now. to get the clock going, you just need to be in the us before he arrives, arising together is fine too.

 

good luck

[Jonathan Lopes 1]

Have you looked into him coming to the US as a student at the same university as you? That is not immigration, but it keeps you two together and then you can figure out what immigration option to pursue.

[f f 725]

36 minutes ago, Jonathan Lopes said:

Have you looked into him coming to the US as a student at the same university as you? That is not immigration, but it keeps you two together and then you can figure out what immigration option to pursue.

you have to be able to prove you will return after and having already made immigration intent. it will be very hard to do.

[Jonathan Lopes 1]

1 hour ago, f f said:

you have to be able to prove you will return after and having already made immigration intent. it will be very hard to do.

Very valid point. As the topic says, "complicated situation".

[caliliving 606]

its not that hard.. get your k1 paperwork in tomorrow and u should be good to go in 6 months.. welcome to immigration.. nothing is easy and its very stressful.. luckily being from germany its an easy embassay u wont have a problem.. and lots of same sex couples in america, that isnt a problem (there was a few couples in the waiting room at my interview all went well).  

going to school just to do immigration is more $$$ also, milwaukee i think u said, well its a fairly cheap city, so that is good. i would get your paperwork in and go from there.. cr1 would be much longer and if u can support him for a bit, do the k1. u already have cosponsors so ur good there